Chapter 1: Municipal
Government
§101. Title.
§102. Purpose.
§103. Municipalities.
§104. Powers, responsibilities and limitations.
§105. Unchartered municipality.
§106. Prohibition of credit.
§107. Transactions in violation of chapter void.
§108. Municipal charter.
§109. Municipal ordinances.
§110. Merger and consolidation of municipalities.
§111. Traditional leaders.
This chapter shall be known and may
be cited as the "Municipal Government Act of 1979".
Source: YSL 1-29 §1.
Cross-reference: The statutory provisions on Municipal courts are found in subchapter V of chapter 1 of Title 4 (Judiciary) of this Code. The statutory provision on Municipal elections is found in section 105 of Title 7 (Elections) of this Code.
The purpose of this chapter is to
provide for the establishment of municipalities and governments thereof in
implementing Article VIII of the Constitution of the State of
Yap.
Source: YSL 1-29 §2, modified.
Cross-reference: Article VIII of the Constitution of the State of Yap provides for Local Government. Art. VIII, Sect. 1 states: "The Legislature may provide for the establishment of political subdivisions within the State and provide for the government thereof. Each political subdivision shall have and exercise powers as may be conferred by laws. The people may organize and operate local governments in a manner consistent with law."
Municipalities of the State of Yap,
in existence prior to this chapter becoming law and continuing to exist in
a manner consistent with this chapter, are as follows: Dalipebinaw,
Fanif, Gagil, Gilman, Kanifay, Map, Rull, Rumung, Tomil, Weloy, Falalap
(Ulithi Atoll), Asor, Fassarai, Lothou, Mogmog, Fais, Ngulu, Sorol, Woleai
Islands (Falalop, Mariyang, Paliau, Tahoilap), Falalus, Sileap, Woteggai,
Eaurapik, Faraulep, Ifalik, Satawal, Lamotrek, and Elato. The
boundaries of municipalities shall be according to custom.
Source: YSL 1-29 §3.
Commission Comment: The effective date of YSL 1-29 was October
16, 1979.
Subject to the State Constitution and
state laws, chartered municipalities shall have the following powers,
responsibilities, and limitations:
(a) To promote and enhance the municipality's natural beauty, objects and places of historic and cultural interest, sightlines and physical good order;
(b) To promote the public welfare of the inhabitants of the municipality;
(c) To construct, maintain, and operate public improvements and facilities;
(d) To purchase and otherwise acquire, take on lease and hold real and personal property within municipal boundaries, and to manage and dispose of the same as the interests of the inhabitants of the municipality may require;
(e) To impose and collect taxes on real property according to standards of appraisal prescribed by municipal ordinance;
(f) To promote and preserve traditions and customs in a manner consistent with the State Constitution and state laws;
(g) To sue or be sued; and
(h) To make contracts and do all things necessary and proper to carry into execution municipal powers and responsibilities.
Source: YSL 1-29 §4, modified.
Cross-reference: The constitutional provision on Local Government is found in Yap Const., Art. VIII, Sect. 1. That section states: "The Legislature may provide for the establishment of political subdivisions within the State and provide for the government thereof. Each political subdivision shall have and exercise powers as may be conferred by laws. The people may organize and operate local governments in a manner consistent with law." The constitutional provision regarding the taxing power is found in Yap Const., Art. IX, Sect. 4. That section states: "The taxing power shall be reserved to the State Government, except so much thereof as may be delegated by the Legislature to the local governments; provided that the State Government may not tax real property."
Subject to the State Constitution and
state laws, the organization, structure, powers, responsibilities, and
limitations of an unchartered municipality shall be according to tradition
and custom.
Source: YSL 1-29 §5.
No municipality shall in any manner
give or loan its credit to or in aid of any person or corporation and any
indebtedness or liability incurred contrary to this section shall be
void.
Source: YSL 1-29 §6, modified.
All contracts, authorizations,
allowances, payments, and liabilities entered into, granted, made or
incurred in violation of this chapter shall be void and shall never be a
basis of a claim against a municipality.
Source: YSL 1-29 §7, modified.
Cross-reference: The statutory provisions on Taxation and Finance are found in Title 13 of this Code.
When in the opinion of the Governor
such action is warranted by circumstances and by the stage of development
of an unchartered municipality, the Governor may grant a municipal charter
upon the application of an advisory municipal council. The municipal
charter shall provide for the organization and structure of the
municipality to exercise municipal powers and responsibilities in
accordance with the State Constitution and state laws. The Governor
may amend or revoke a municipal charter upon application of the government
of the municipality.
Source: YSL 1-29 §8, modified.
(a) Chartered municipalities may adopt ordinances consistent with the municipal charter, State Constitution, and state laws.
(b) An adopted ordinance shall require the approval of the municipal council and magistrate or mayor.
(c) An ordinance shall not take effect until made public to the inhabitants of the municipality by oral proclamation and posting in more than one public place in the municipality.
(d) The magistrate or mayor of the municipality shall transmit copies of effective ordinances to the Legislature, the State Court, and the Council of Pilung or Tamol.
Source: YSL 1-29 §9, modified.
Chartered municipalities may be
merged or consolidated upon adoption of ordinances by the concerned
chartered municipalities and the approval of the Council of Pilung or
Tamol in the form of a resolution transmitted to the
Governor.
Source: YSL 1-29 §10.
Nothing in this chapter shall take
away a role or function of a traditional leader as recognized by custom or
tradition, or shall prevent a traditional leader from being recognized,
honored, and given formal or functional roles in a
municipality.
Source: YSL 1-29 §11, modified.
Cross-reference: The constitutional provisions on Traditional Leaders and Traditions are found in Yap Const., Art. III. The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code.